Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under North Dakota law, you can recover for aggravation of a pre-existing condition if the at-fault driver’s negligence was a proximate cause of the increased pain or disability. North Dakota applies the “eggshell plaintiff” rule: a defendant must take a victim as found, even if that person has a prior vulnerability. See Westbrook v. Deiner, 324 N.W.2d 185 (N.D. 1982).
Here are the key steps and legal considerations:
- Seek immediate medical evaluation. Document your baseline condition and any changes. A physician’s report linking the crash to the flare-up is crucial.
- Maintain detailed medical records. Keep copies of hospital records, diagnostic imaging (X-rays, MRIs), physical therapy notes, and specialist exams. These records form the backbone of your claim.
- Gather evidence of the accident. Obtain the police collision report and preserve photographs of the scene, vehicle damage, and visible injuries. Identify any witnesses and collect their statements.
- Track your symptoms. Keep a daily journal of pain levels, functional limitations, medication, and therapy progress. Note how your pre-accident condition differed from your post-accident status.
- Notify insurers promptly. Report the accident to your auto carrier and the at-fault driver’s insurer. Provide only factual information—avoid speculation.
- Understand comparative fault. North Dakota follows pure comparative negligence: any award is reduced by your percentage of fault. See N.D. Cent. Code § 32-03-02 (www.legis.nd.gov/cencode/t32c03.pdf#nameddest=32-03-02).
- Be mindful of deadlines. Personal injury claims in North Dakota generally must be filed within six years. See N.D. Cent. Code § 28-01-18(3) (www.legis.nd.gov/cencode/t28c01.pdf#nameddest=28-01-18).
- Consult an attorney. A lawyer experienced in North Dakota personal injury law can evaluate causation, prepare expert testimony, and negotiate a settlement or litigate if insurers undervalue your aggravation claim.
Helpful Hints
- Always follow your doctor’s treatment plan to avoid disputes that you worsened your own condition.
- Use a single, secure folder (digital or physical) for all medical bills, records, and correspondence.
- Request copies of all medical imaging and keep them accessible for attorneys or expert witnesses.
- Photograph scars, bruises, or post-accident medical procedures (e.g., surgical scars) to illustrate the severity of aggravation.
- Write down witness contact information as soon as possible to prevent loss of testimony over time.
- Keep a record of lost wages, travel costs to medical appointments, and any out-of-pocket expenses.
- Consider periodic medical re-evaluations to show ongoing impact and need for future treatment.